snuthalapati Posted January 28, 2013 Report Share Posted January 28, 2013 Here are my first H1 petition / visa dates: H1 pertition applied in 2004 - 2005 year (Quota opened in 2004 April ) Visa First Date of issue: 10 Jan 2005 First Port of entry was in: Feb 2005 I left US to India in November 2008 I had Visa / I-797 till : Feb 2011 I am working in India from March 2009. No trips to outside India after this. My total duration in US was: 3years 9 months. ( less than 6 years). I am out US since 2008 november (more than 4 years). One of the consulting company interested to do H1 for me now. Can they file H1 now with new employer using my old Petition!!!! If yes, Can I use my remaining 2.5 years only or can stay another 6 years? Appreciate your reply. Link to comment
rangadu Posted January 28, 2013 Report Share Posted January 28, 2013 You have two options. 1. File your new H1 as cap exempt based on your prior approvals. Then you will be able to enter as soon as the petition and visa are approved for the remaining 2+ years. 2. File as cap subject, wait till Oct 1st to enter and then you have a new 6 year period you will be eligible for H1 visas. If you are in a hurry to come to US and also intend to stay here for a long time, use option 1 and then immediately start your GC processing. You will be able to continue beyond those initial 2 years in that case. Link to comment
snuthalapati Posted January 29, 2013 Author Report Share Posted January 29, 2013 Thanks "rangadu". In that option 2 , do I have to be in quota limit of 65000 per year?? I understand that, my new employer can file new H1 using the old approval and if I come only "after October", I can use new 6 year period. Link to comment
rangadu Posted January 29, 2013 Report Share Posted January 29, 2013 If you want 6 years, your employer should file before the 65000 limit is filled and that will have nothing to do with your old approval, except that you have to show you were out of US for 1 year. Link to comment
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